20090851 Ver 2_Notice of Violation_20100324

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North Carolina Department of Environment and Natural Resources
Division of Water Quality
Beverly Eaves Perdue Coleen H. Sullins Dee Freeman
Governor Director Secretary
March 23, 2010
CERTIFIED MAIL #7009 0080 0000 9785 7989
RETURN RECEIPT REQUESTED
City of Raleigh
Attn: J. Russell Allen
PO Box 590
Raleigh, NC 27602
Subject: NOTICE OF VIOLATION
NOV-2010-PC-0276
Construction Stormwater General Permit NCGO 10000
Wetland Standard Violation
Failure to Secure a 401 WQC
Neuse River Riparian Buffer Violations
35.75420 N, 78.5170°W
Wake County
Dear Mr. Allen:
On March 11, 2010 and March 18, 2010, Lauren Witherspoon from the Raleigh Regional Office
of the Division of Water Quality (DWQ) conducted a site inspection for the tract/project known
as the Poole Road Water Transmission Main in Wake County, North Carolina. The streams
reviewed on March 11, 2010 are Marks Creek (Lake Myra) and unnamed tributaries to Lake
Myra, Class C, Nutrient Sensitive Waters (NSW), in the Neuse River Basin.
Accordingly, the following observations were noted during the DWQ file review and site inspection.
On August 5, 2009, Ms. Nicole Johnson of ARCADIS submitted a Pre -Construction Notification (PCN)
requesting an after -the -fact Buffer Authorization on behalf of the owner/applicant, the City of Raleigh.
This application was submitted in response to a DWQ site inspection noting impacts that had occurred to
the Neuse River Riparian Buffer adjacent to Marks Creek (below the Lake Myra dam). These impacts
exceeded the Exempt threshold as defined in the Neuse River Riparian Buffer Rules Table of Uses 15A
NCAC 02b .0233 (6). On October 13, 2009, DWQ issued an approval authorizing impacts to
approximately 2,100 square feet of Zone 1 and 1,400 square feet of Zone 2 of the protected riparian buffer
for the purpose of constructing the proposed water line on Poole Road in the southwest quadrant of the
Marks Creek and Poole Road, DWQ Project# 09-0851.
A stornwater general permit (NCGO10000) is issued upon the approval of an Erosion and Sedimentation
Control Plan. This permit applies to projects that receive a Division of Land Resources (DLR) Erosion
and Sedimentation Control Plan Approval Letter for land disturbance of 1 acre or greater. Specifically,
NorthCarolina
Nawra!!y
North Carolina Division of Water Quality Raleigh Regional Office Surface Water Protection Phone [phone] Customer
Service
Internet: www.ncwaterquality.org 1628 Mail Service Center Raleigh, NC 27699-1628 FAX [phone]
An Equal Opportunity/Affirmative Action Employer — 50% Recycled/10% Post Consumer Paper

Poole Road Water Transmission Line
March 23, 2010
Page 2
the general permit (NCGO 10000) authorizes the discharge of stormwater under the National Pollutant
Discharge Elimination System in accordance with Title 15A NCAC 2H.0100. An Approval Letter with
Modifications for the subject property was issued by DLR on October 26, 2009.
During the March 18, 2010 site inspection, DWQ was informed that a rain gauge was on site and that no
one was keeping rainfall data records or erosion control BMP and stormwater discharge outfall
monitoring records.
DWQ received a copy of the March 4, 2010 Notice of Violations of the Sedimentation Pollution Control
Act from the DLR Land Quality Section that cited the following violations along the Poole Road Water
Transmission Line corridor: Failure to conduct a land -disturbing activity in accordance with the approved
erosion and sedimentation control plan; Failure when a land -disturbing activity that will disturb more than
one acre is undertaken on a tract, to provide permanent ground cover sufficient to restrain erosion on such
exposed areas within 15 working days or 90 calendar days, whichever is shorter, after completion of
construction or development; Failure when a land -disturbing activity that will disturb more than one acre
is undertaken on a tract, to install sedimentation and erosion control devices sufficient to retain the
sediment generated by the land -disturbing activity within the boundaries of the tract during construction
upon and development of the tract; Failure to take all reasonable measures to protect all public and private
property from damage by such land -disturbing activities; Failure to retain, along a lake or natural
watercourse, a buffer zone of sufficient width to confine visible siltation by natural or artificial means
within the 25 percent of that portion of the buffer zone nearest the land -disturbing activity; and Failure to
install and maintain all temporary and permanent erosion and sedimentation control measures as required
by the approved plan or any provision of the Act, and rules adopted thereunder, during or after the
development of a site.
During the March 11, 2010 site inspection, DWQ observed sediment deposition and, what appeared to be,
inadvertently placed earthen fill in the wetland outside of the construction corridor (as indicated by the silt
fence) along Poole Road between the pump station access road and Lake Myra. The sediment deposition
ranging from trace to 4 inches in depth and mounds of earthen fill impacted approximately 1,000 square
feet of wetland area (Photos 1 and 2).
Photo 1:
View of
Sediment in
wetland.
Photo 2:
View of
Sediment
and Earthen
fill in
wetland.
During the March 11, 2010 site inspection, DWQ observed earthen fill in the wetland located inside the
construction corridor (as indicated by the silt fence) for approximately 425 linear feet along Poole Road
between the pump station access road and Lake Myra. The earthen fill measured 4 to 12 inches in depth
and impacted approximately 2,125 square feet of wetland area (Photos 3 and 4).
Photo 3:
View of
Earthen Fill
in wetland.
Photo 4:
View of
Earthen Fill
in wetland
—5 feet
wide.

Poole Road Water Transmission Line
March 23, 2010
Page 3
During the March 11, 2010 site inspection, DWQ observed that two
new corrugated pipes had been placed in the unnamed tributary to
Lake Myra that flows under Poole Road (Photo 5). These pipes
appeared to have been added to the existing concrete culvert.
A DWQ file review indicated that a 401 WQC was not secured or
applied for prior to placing earthen fill/pipes in the wetland/stream.
According to WQC 3699 (the GC for projects eligible for
USACE NWP 12 Utility Line Activities) written approval from the
DWQ is required if any of the Conditions outlined in the GC cannot
be met. Specifically, WQC 3699 Condition 22 states that "the applicant shall have a specific plan for
restoring wetland contours. Any excess material will be removed to a
high ground disposal area". I✓'
Photo 5: View of Pipes in Stream
During the March 11, 2010 site inspection, DWQ observed that the
construction corridor for the water line extended approximately 190
linear feet in Zone 1 of the Neuse River Riparian Buffer adjacent to
Lake Myra (Photo 6). Buffer impacts of this nature are Allowable
with Mitigation as defined in the Neuse River Riparian Buffer Rules
Table of Uses 15A NCAC 02b .0233 (6) and would require DWQ
notification. A file review indicates that this impact was not applied
for or authorized in the Buffer Authorization DWQ Project# 09-0851.
Photo 6: View of construction
corridor in Zone 1 of the buffer
As a result of the site inspection and file review, the following violations, described below, are noted:
Item L Construction Stormwater General Permit (NCGOI0000) Conditions
Part II, Section B. No. 12
Projects and their corresponding activities permitted under the previous version of the NC general permit
for construction activities are covered under this general permit. The requirements for these projects are
the same as those previously required in the general permit until the project is completed or terminated.
Part I, Section A. No. 2
The permittee shall implement the plan, which has been approved by the approval authority.
Part I, Section C. No. 2
During construction and until the completion of construction or development and the establishment of a
permanent ground cover, the permittee shall provide the operation and maintenance necessary to operate
the stormwater control measures and all erosion and sedimentation control measures at optimum
efficiency.
Item II. Wetland Standard Violations
15A NCAC 02B .0231 (b)
(1) Liquids, fill or other solids or dissolved gases may not be present in amounts which may cause
adverse impacts on existing wetland uses;

Poole Road Water Transmission Line
March 23, 2010
Page 4
(5) Hydrological conditions necessary to support the biological and physical characteristics naturally
present in wetlands shall be protected to prevent adverse impacts on:
(C) The chemical, nutrient and dissolved oxygen regime of the wetland;
(D) The movement of aquatic fauna;
(F) Water levels or elevations.
Item III. Failure to Secure a 401 Water Quality Certification
The file review confirmed that a 401 WQC application was not submitted to DWQ for this project and
that a 401 WQC has not been issued. A Pre -Construction Notification (application for the 401 WQQ is
required to be submitted and approved by DWQ prior to the above-mentioned placement of earthen
fill/culverts impacting streams and wetlands pursuant to 15A NCAC 2H .0500.
Item IV. Neuse River Riparian Buffer Violations
The Buffer Rules apply to riparian buffers directly adjacent to surface waters in the Neuse River Basin
(intermittent streams, perennial streams, lakes, ponds and estuaries). The protected buffer extends 50 -feet
landward from the landward edge of coastal marsh (as identified by the Division of Coastal Management)
or from the top of bank of any feature shown as surface waters on either a paper copy of the soil survey
maps prepared by the Natural Resource Conservation Service of the U.S. Department of Agriculture or
the most recent version of the 1:24000 scale quadrangle topographic maps prepared by the U.S.
Geological Survey. The protected riparian buffer has two zones: Zone 1 consists of a vegetated area that
is undisturbed except for uses provided for in Item (6) of this Rule (Title 15A NCAC 02B .0233); Zone 2
shall consists of a stable, vegetated area that is undisturbed except for activities and uses provided for in
Item (6) of this Rule (Title 15A NCAC 02B .0233). The purpose of these rules is to protect and preserve
riparian buffers in the Neuse River Basin to maintain the nutrient removal functions of these streamside
areas necessary to protect surface waters.
15A NCAC 02B .0233 (4)
Zones 1 and 2 of the riparian buffer remain in vegetation that is undisturbed except for those uses
provided for in Item (6) of this Rule.
Requested Response
You are directed to respond to this letter in writing to DWQ at the address provided below within 30
days of receipt.
Construction Stormwater General Permit (NCGO10000) Requirements —
a. You must identify all locations and remove sediment from outside the limits of
disturbance and stabilize the impacted soil with ground cover.
b. Please explain why no rainfall data records or erosion control BMP and stormwater
discharge outfall monitoring records are being kept for this project.
c. Please explain why the deposition of sediment in the wetlands was not reported to DWQ.
d. Explain in your response when you anticipate being in full compliance with your Erosion
and Sedimentation Control Plan.
2. Please provide documentation (including a detailed site map/survey) depicting all jurisdictional
water features (e.g. streams, wetlands, and buffers) along the entire project corridor. This
documentation should describe and quantify all the impacts (identified by DWQ and any

Poole Road Water Transmission Line
March 23, 2010
Page 5
additional impacts documented by the Permittee) to those jurisdictional features and should
include plans to avoid further stream, wetland, and buffer impacts on the site.
Wetland Restoration Plan (sediment removal) — Sediment impacts to the wetlands must be
removed. As a part of this plan, you should provide the amount (depth) of material that has been
deposited in the wetland. This information should be depicted on a map you provide. It is
recommended that you use hand labor (buckets, shovels and wheelbarrows) to remove deposited
sediment from the wetland. The sediment should be removed from the wetland, taken to high
ground away from the wetland and stabilized. Also, the plan must address the measures that will
be used for temporary stabilization/sediment control while this work is under way. An
herbaceous wetland seed mix should be distributed over the wetland area that was disturbed.
Wetland/Stream Restoration Plan (earthen fill/pipe removal) — You must submit a plan for DWQ
approval to include the removal of earthen fill in the wetlands and pipes in the stream. If you
wish for these impacts to remain in place you should contact the US Army Corps of Engineers to
determine what 404 permit is required and you must apply for the corresponding 401 WQC.
Please note that all impacts may not be necessary and may not be permitted by DWQ. You will
need to show how you are avoiding and minimizing impacts to Waters of the State.
Buffer Restoration Plan — You must either restore the buffer adjacent to Lake Myra or you must
apply for/modify your Buffer Authorization in order to allow for the impacts to remain in place.
If you wish to apply for a modification you need to include all impacts that will or have occurred
within the buffer for the entire project. This application should only include impacts that would
require DWQ approval. Please note that all impacts may not be approved by DWQ even though
they already remain in place. If you wish to or are required by DWQ to restore these areas then
you will have to submit a buffer restoration plan to this office for review and approval. This plan
must be developed to ensure that at least two native tree species are planted at a density sufficient
to provide 320 trees/acre at maturity. This density is usually achieved by planting approximately
436 trees/acre on a 10 ft. x 10 ft. grid or 681 trees/acre on a 8 ft. x 8 ft. grid. Please see the
Guidelines for Riparian Buffer Restoration (October 2004) for assistance in developing your plan
(available on the web at: http://www.nceep.net/news/reportsibuffers.pdf). This plan must include
the types of native woody vegetation selected, methodology of planting, and a site map indicating
the location of the replanting efforts.
6. Please indicate in your response a detailed schedule with dates explaining when the restoration
will be accomplished. This schedule should include a three-year monitoring plan to ensure that
the wetlands, streams, and buffers are restored.
Submit Requested Items To:
Lauren Witherspoon
DWQ Raleigh Regional Office
3800 Barrett Drive
Raleigh, NC 27609
Thank you for your attention to this matter. This office requires that the violations, as described above,
be properly resolved. These violations and any future violations are subject to a civil penalty assessment
of up to $25,000.00 per day for each violation. Should you have any questions regarding these matters,

4.
Poole Road Water Transmission Line
March 23, 2010
Page 6
contact Lauren Witherspoon at [phone].
Sincerely,
Danny Smith
Regional Supervisor
Surface Water Protection Section
cc: Raleigh RO — Water Quality
Raleigh RO — Land Quality (Joe Dupree)
John Hennessy, NPS Assistance and Compliance Oversight Unit
Ian McMillan, 401 Wetlands Permitting Unit, 1650 MSC, Raleigh, NC 27604
USACE Raleigh Regulatory Field Office
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